The veteran's claim for a total disability evaluation based on individual unemployability was denied as he did not meet the schedular criteria for such an award.
The deciding factor: The veteran's service-connected lumbosacral degenerative disc disease with spondylosis alone did not render him unable to secure or follow substantially gainful employment.
- Claimed conditions
- lumbosacral degenerative disc disease with spondylosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 8, 2008
- Citation
- 0826856
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Search VA.gov for the original decision (opens in a new tab) using citation 0826856.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Dismissed
The Veteran's appeals for a higher rating for his lumbosacral degenerative disc disease with spondylosis and TDIU were dismissed due to the Veteran's death. The Board has no jurisdiction to adjudicate these claims as the appellant passed away during the pendency of the appeal.
- Whole decision: Remanded (sent back)
The Board has remanded the case for further development and readjudication, including obtaining an addendum opinion regarding the Veteran's service-connected lumbosacral degenerative disc disease with spondylosis from November 25, 2009, to November 17, 2019.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for lumbosacral degenerative disc disease with spondylosis and left lower extremity neuropathy, as well as his claim for a total disability evaluation due to individual unemployability. The Veteran is required to undergo VA examinations to assess the severity of these conditions.
- Whole decision: Denied
The Board denied the veteran's claims for an increased rating for lumbosacral degenerative disc disease with spondylosis and denied his claim for an earlier effective date for a total disability evaluation based on individual unemployability due to service-connected disability. The veteran was not granted any new ratings or effective dates.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.